IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20120000215
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Reserve Medal (AFRM) with Mobilization ("M") Device and a Meritorious Unit Commendation.
2. The applicant states, in effect, she is entitled to the AFRM with "M" Device and a Meritorious Unit Commendation for her mobilization, deployment and service while assigned to the 3rd Personnel Group, 875th Replacement Regulating Detachment, for the period 17 December 1990 through 2 June 1991, and authorized by Department of the Army General Order Number (DAGO) 12, dated 1994.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* a memorandum
* Permanent Orders 137-5
* Permanent Orders 12-127
* Permanent Orders 50-50
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 29 May 1985 and held military occupational specialty 71L (Administrative Specialist). On 14 January 1987, she was released from active duty and transferred to the U.S. Army Reserve (USAR) and ultimately attained the rank of sergeant/E-5.
3. On 14 December 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm as a member of the USAR. She was honorably released from active duty by reason of expiration term of service on 22 July 1991.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 22 July 1991, further corrected by a DD Form 215, dated 8 December 2011, shows she earned the following awards:
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Commendation Medal (2nd oak leaf cluster)
* Army Achievement Medal
* Army Reserve Component Overseas Training Ribbon
* Army Lapel Button
* Kuwait Liberation Medal Kuwait
* Kuwait Liberation Medal Saudi Arabia
* Overseas Service Bar
5. Item 8 (Last Duty Assignment and Major Command) of her DD Form 214 shows she was assigned to the 875th Replacement Detachment (Regulating), Southwest Asia.
6. Item 18 (Remarks) includes an entry which shows she was ordered to active duty in support of Operation Desert Shield/Desert Storm in accordance with 10 U.S. Code Sections 673B and 672 and served in Southwest Asia from 12 January 1991 to 28 June 1991.
7. DAGO Number 12, dated 1994, awarded the 875th Replacement Regulating Detachment the Meritorious Unit Commendation for service from 17 December 1990 to 2 June 1991.
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years. Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code. The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code. The M Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms she was ordered to active duty in support of Operation Desert Shield/Desert Storm as a member of the USAR and her DD Form 214 shows she completed 5 months and 17 days of service in Southwest Asia from 12 January 1991 to 28 June 1991 during this mobilization period. Her call to active duty satisfies the criteria necessary to support award of the AFRM with "M" Device and it would be appropriate to correct her record by adding this award at this time.
2. DAGO Number 12 awarded her unit of assignment in Southwest Asia the Meritorious Unit Commendation for service from 17 December 1990 to 2 June 1991. Therefore, she is entitled to correction of her DD Form 214 to show this award.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of her DD Form 214 for the period ending 22 July 1991 by adding the Armed Forces Reserve Medal with "M" Device and Meritorious Unit Commendation.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120000215
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ABCMR Record of Proceedings (cont) AR20120000215
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